IMAGE  RVALUATION 
TEST  TARGET  (MT-3) 


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23  WEST  MAiN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


I. 


i^    M^.. 


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i/.s 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  institute  for  i.storical  IVIicroreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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□    Coloured  covers/ 
Couvertura  de  couleur 


I — I    Covers  damaged/ 


D 


□ 


D 

a 


n 


n 


Couverture  endommagie 


Covers  restored  and/or  laminated/ 
Couverture  restaur^  et/ou  pelliculAe 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


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Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couieur  (i.e.  autre  que  bleu*  ou  noire) 


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Bound  with  other  material/ 
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modification  dans  la  methods  normale  de  filmage 
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nn    Pages  damaged/ 

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r3^>^howthrough/ 
l— J    Transparence 

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□    Includes  supplementary  material/ 
Comprend  du  materiel  supplementaire 

□    Only  edition  available/ 
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n 


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ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
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obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmi  au  taux  de  rMuction  indiquA  ci-dessous. 

10X  14X  18X  22X 


y 


12X 


16X 


20X 


26X 


30X 


24X 


28X 


32X 


tails 

du 
sdifier 

une 
nage 


The  copy  filmed  here  has  been  reproduced  thankt 
to  the  generosity  of: 

Metropolitan  Toronto  Library 
Canadian  History  Department 

The  images  appearing  here  are  the  best  quality 
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filming  contract  specifications. 


Original  copies  In  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres* 
sion,  or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  In  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


L'exemplaire  film6  fut  reproduit  grAce  h  la 
ginirosit*  do: 

Metropolitan  Toronto  Library 
Canadian  History  Department 

Las  images  suivantes  ont  6t6  reproduitns  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  at 
de  la  nettetA  de  l'exemplaire  filmA.  at  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimis  sont  fiim6s  en  commenpant 
par  le  premier  plat  at  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premiAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  at  en  terminant  par 
la  dernlAre  page  qui  comporte  une  telle 
empreintb. 

Un  des  symboles  suivants  apparattra  sur  la 
dernidre  image  da  cheque  microfiche,  seion  le 
cas:  ie  symbols  —*' signifie  "A  SUIVRE",  le 
symbols  y  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc..  peuvent  6tre 
fitm6s  i  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clichi.  11  est  f  ilm6  i  partir 
de  Tangle  supdrieur  gauche,  de  gauche  i  d-oite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  ndcesseire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


rrata 
o 


)elure. 


1 


32X 


1 

2 

3 

4 

5 

6 

^  •    H  ^  B> .  "2-  .r 


?ian/),io 


Mr.  HILLHOUSfilS  SPEECI^/#^%^ 


•M  *%  . 


IN  THE  senate; 

DECEMBER    SI,        /(P0i9 


;N^>^' 


Jj^l^I^:   1935 


Ofz  fAi?  B?7/  making  further  provision  for  enforcing 

the  Embargo, 

Mr.  president. 

Before  I  proceed  to  remark  on  the  merits  of  the  bill  under  con- 
sideration, 1  shall  take  the  liberty  of  noticing  some  genoral  obser- 
vatuHis  of  the  gentleman  IVom  Virginia,  (Mr.Gir  J  which  can  havi 
no  bearing  on  the  matter  under  consideration,  and  could  have  been 
thrown  out  for  no  other  purpose,  than  to  impress  the  idea,  that  the 
opposers  ot  this  bill  and  of  the  embargo  are  acting  under  some  un- 
due influence  or  bias,  and  are  en ieavoring  to  obstruct  or  paralvze 
the  energies  of  the  nation  in  their  operations  against  foreign  agffres- 
sjon.     We  are  told  of  British  capital,  British  agents,  British  gold  • 
in  too  close  connexion  with  the  opposition  lo  the  embargo  and  the 
present  bill.     Sir,  if  it  is  meant  to  insinuate  that  the  opposers  of  the 
embargo  and  of  this  bill  are  under  stich  influence,  1  despise  the  in 
ainuaiioo.     (Mr.  Giles  rose  and  declared  he  did  not  mean  to  throw 
out  the  smallest  intimation  that  the  opposers  of  the  bill  were  under 
such  or  any  other  improper  influence.)     The  character  and  conduct 
of  the  greater  part  of  that  description  of  our  fellow-citizens,  who 
Have  been  and  still  are  opposed  to  the  embargo,    furnish  a  sufficient 
answer  to  any  such  insinuations  as  to  them.     i\o,  sir,  our  oppositioa 
tothe  embargo  proceeds  from  far  different  motives;  from  f.  thorough 
conviction  ot  its  inefticacy  as  regards  foreign  nations,  and  its  ruin- 
ous operatien  as  to  ourselves.     We  are  not  willing  to  inflict  a  wound 
on^ur  own  country,  because  foreign  nations  do  us  wrong. 

lor  the  embargo.     Sir,  the  embargo  admits  no  substitute,     h  is  a  mea* 
|t.re  radically  wrong,  and  stands  in  the  way  of  every  proper  measure, 
Remove  the  embargo,  and  then,  and  not  till  then,  will  the  wav  ii« 
open  to  adopt  measures  for  securing  our  commerce  and  defendini? 
our  rights      I  am  not  a  little  surprised  thai  the  gentleman  from  Vir 
ginia  could  make  up  his  face  to  such  an  imposing  call.      Had   that 
gentleman  run  through  the  journals,  from   which  he  has  read  s  1* 
passages    he  would   have  found,  that  during  a  long  and  uniS 
course  of  opposition  to  a  former  administration,  which  was  conduS 
IT!  acknowledged  ability,  *.  was  not  in  the  habit  of  proposi^'   . 
mbsiuutes.     He  told  UH  what  xvouldnot,  but  not  what  would  do      if 

<li^»08,t.on  to  l«ten,  I  should  net  iieeitatet.  expreimy  opiait„\f. 


•  ti-:  St  4:: ; 


J]^ 


»f  "•! 


2 


the  proper  course  to  be  pursued.  But  so  long  as  our  nationafeoun* 
cifs  are  under  the  Embargo  ^flfl^  i^ny  attempt  at  other  tutasures 
would  be  unavailing.  dtit^Ot^^*-**"^^ 

For  the  purpose  of  contrasting  the  present  proceedings  of  Con- 
gress with  what  was  done  in  1794,  the  gentleman  from  Virginia  read 
from  the  jourrf&ls  some  passages  to  shew  *'  that  the  nation  then  mov- 
ed in  a  solid  body."*  Yes,  sir,  the  unanimity  and  spirit  then  mani- 
fested, does  honor  to  the  nation.  But  with  whom  were  we  contend- 
ing then  ?  With  England,  i  should  have  been  much  gratified  if 
the  journals  of  1798  (which  the  gentleman  did  not  think  proper  to 
read)  had  exhibited  the  same  unanimity  and  spirit,  when  our  righig 
were  violated  by  another  power,  and  we  were  insulted  by  the  con- 
temptuous rejection  of  our  ministers.  Far  otherwise  was  the  fact  r 
there  was  then  a  violent  and  persevering  opposition  to  the  measure! 
of  defence  then  proposed  and  adopted  ;  and  by  the  same  dcscrip.. 
tion  of  men  who  claim  credit  for  a  pre  eminent  share  of  patriotism  t 
a  conduct  to  which  I  advert  with  reluctance.  I  was  ready  to  vindi- 
cate  our  rights  against  England  in  I?!)*,  and  at  a  much  earlier  period  : 
I  was  equally  ready  to  do  the  like  against  France  in  1798.  It  mat- 
ters not  to  me  from  what  nation  injury  or  insult  comes,  1  am  ready 
to  take  sides  with  my  country  in  repelling  it.,  not  indeed  bv  an  em- 
bargo, but  by  any  measures  of  energy  which  policy  or  prudence  shall 
dictate.  I  have  never  shrunk  from  taking  my  fuU  share  of  respon- 
sibility, when  called  to  act  on  great  national  questions.  1  leave  it 
to  those  who  have  known  and  observed  my  public  conduct,  to  de- 
cide, whether  I  have  manifested  much  solicitude  to  find  out  whir"* 
would  be  the  popular  side.  I,  sir,  am  under  no  apprehensions  . 
being  suspected  by  those  who  know  me,  of  acting  under  foreign  ot 
any  improper  influence.  My  opposition  to  the  bill  does  not  pro- 
ceed from  a  wish  to  shield  from  punishment  the  violaters  of  the  em- 
bargo ;  those  corrupt  agents  and  friends  of  Britain,  as  the  gentle- 
man has  described  them.  My  opposition  to  the  bill  proceeds  from 
an  unwillingness  to  see  the  liberties  of  my  country  prostrated  by  a 
military  despotism  :  the  foundation  of  which  I  clearly  discern  in  this 
bill.  Says  the  gentleman  from  Virginia,  the  Senate  have  declared, 
they  willnot  repeal  the  embargo  ;  and  they  are  now  called  upon  t* 
say  it  shall  not  Ue  en  forced...  not  so,  the  call  is,  that  it  should  not  be 
enforced  by  improper  means.. .means  which  endanger  liberty  and 
violate  the  constitution.  Better  that  the  embargo  should  not  be  ex- 
ecuted than  that  the  constitution  of  the  United  States  should  be  vio- 
lated. 

I  extremely  regret  that  the  gentleman  from  Virginia  should  have 
felt  himself  at  liberty  to  travel  cut  of  his  way  to  cast  reproach  on  the 
judiciary.  The  judges,  by  a  faithful  discharge  of  their  duty  (some- 
times being  obliged  to  withstand  popular  error,  and  sometimes  toin- 
tet pose  themselves  between  a  defenceless  individual  and  executive 

55ower)  are  exposed  to  their  full  share  of  opprobium.  No  reproach 
or  the  rejection  of  the  bill  to  suspend  the  Habeas  Corpus  can  fall  on 

the  judges  ;  they  had   no  agency   in  the  business      1  have  indeed 

e^^  -  -■     ' 


measures 

8  of  Con- 
g'mia  read 
then  mov«» 
hen  mani* 

contend - 
ratified  if 
proper  to 
our  righig 
y  the  con- 
the  fact  : 

measure! 

dcscrip^ 
itriotism  t 
7  to  vintH- 
er  period  : 
.  It  mat- 
am  ready 
bv  an  em- 
ence  shall 
af  respon- 
1  leave  it 
ict,  to  de- 
lut  whir"* 
snsions  < 
breigp  of 
i  not  pro- 
f  the  em- 
ie  gentle- 
eeds  from 
ated  by  a 
rn  in  this 
declared, 
d  upon  t* 
tild  not  be 
^erty  and 
ot  be  ex- 
lid  be  vio- 

3uld  have 
ich  on  the 
ty  (some- 
mes  to  in- 
executive 
reproach 
an  fall  on 
ve  indeed 


!t|katbill1n  so  hasty  a  manner  ;  but  it  was  not  slanders  contained  }q 
•ihewspaper  paragraphs  which  I  regarued...they  have  no  more  effect 
#n  my  mind  than  ihe  pas.sing  wind.  It  was  the  manner  in  which 
that  bill  was  treated  by  the  House  of  Representatives,  that  wounded 
my  feelings... I  fdt  for  the  honor  of  the  Senate.  1  voted  with  the 
gentleman  from  Virginia  for  that  bill,  though  I  did  not  at  the  time 
Teel  all  the  apprehensions  which  seemed  to  be  impressed  on  his  mind. 
I  did  not  apprehend  that  a  rebellion  excited  by  an  individual  not 
cloathed  with  any  official  consequence  or  power,  without  resources, 
and  almost  without  friends,  could  ultimately  endanger  the  safety  of 
the  Union.  But  from  the  communications  made  to  Congress  by  the 
President,  I  was  led  to  believe  there  was  some  treasonable  proceed.^ 
ing  and  rebellion  which  ought  to  be  speedily  and  promptly  resisted 
and  put  down.  Though  1  did  not  see  the  necessity  of  passing  the 
kill  with  so  much  haste  as  to  subject  the  Senate  to  the  charge  of  pre- 
cipitation...yet  being  satisfied  of  the  propriety  of  pas!*ing  such  a 
bill,  1  felt  a  reluctance,  as  1  always  do,  at  interposing  my  vote  in  a 
manner  that  may  have  even  the  appearance  of  throwing  difficulties 
in  the  way  of  ttieasures  which  regard  the  public  safety.  But  no  mo- 
tives of  delicacy,  or  any  other  cause,  will  prevent  my  opposing  mea- 
sures I  think  wrong  in  principle.  The  loss  of  the  bill  to  suspend  t.ie 
Habeas  Corpus  was  in  no  respect  attributable  to  the  Court  or  the 
Judges.  There  was  no  interference  on  their  part,  nor  any  conduct 
•f  theirs  that  could  warrant  the  gentleman  from  Virginia  in  making 
the  heavy  charge  "  that  the  hostile  propensities  of  a  court  against  its 
"  owncountry  and  itsown  government,  were  the  reasons  why  trea- 
•*  son  escaped  punishment."  In  what  instance  have  the  judges  inter- 
posed a  shield  between  guilt  and  punishment  ?  The  principal  leader 
in  that  rebellion  Was  apprehended  and  taken  to  Virginia  ;  and  I  re- 
joiced, at  the  time,  that  Virginia  was  to  be  the  place  of  his  trial  j,.. 
•o  that  no  suspicion  might  exist  of  a  disposition  to  favor  his  escape 
from  conviction  and  punishnieat.  Aaron  Burr  was  acquitted. ..whe- 
ther from  a  defect  in  the  law  or  testimony,  I  am  not  sufficiently  in. 
Ibrmed  to  decide.  But  I  have  no  hesitation  in  declaring  it  as  my 
Opinion,  that  it  was  not  owing  to  any  indisposition  in  the  judge  to  do 
bis  duty  ;  on  the  contrary,  I  think  he  manifested  great  integrity 
and  firmness  in  adhering  to  the  established  rides  of  proceeding  in 
criminal  trials,  which  are  the  great  shield  of  innocence  against  op- 
pression ;  and  in  giving  a  fair  trial  to  a  political  opponent,  against 
whom  the  popular  current  ran  high,  and  whose  prosecution  was  aid- 
ed by  executive  influence  and  power.  The  opinions  of  the  judge 
ire  in  print,  so  that  every  one  can  examine  for  himself,  and  form  his 
•wn.  Thus  much  I  may  venture  to  say,  that  the  gentleman  from 
Virginia  would  find  it  no  easy  task  to  point  out  errors. 
■  It  is  cause  of  regret  when  an  individual,  and  much  to  be  lamented 
when  a  public  body  become  so  zealously  engaged  in  the  pursuit  of  an 
object,  as  not  to  examine  with  randour  the  propriety  or  expediency 
•f  the  measures  by  which  such  object  is  to  be  attained.  In  the  present 
oase,  1  fear  that  a  zeal  to  enforce  the  embargo  has  blinded  the  eyes 
hf  som«  to  the  coneequences  likely  to  follow  from  the  course  of  meai 


/'   » 


sitres  now  pursued,    t  fear  also,  that  an  error  tias  been  coniniitteil  in 
pointing  the  debates  and  measures  at  a  particular  portion  of  the 
union. ..as  if  violations  of  the  embargo  were  confined  to  that  quarter. 
Think  ye  that  the  people  of  Vermont  and  Massachusetts  have  beea 
sinners  above  all  the  people  of  the  United  States  ?     Have  there  been 
no  Violations  of  the  embargo  except  in  New-Engjand  ?     Yes  verily. 
The  only  diflerence  is,  that  on  Vermont  has  fallen  that  political  tower 
qf  Siloam,  the  President's  proclamation.     On  the  coasts  of  Massachu- 
setts and  the  sfates  north  of  the  Chesapeake,  almost  the  whole  of 
our  naval  force  has  been   sent  to  cruise,  to  detect  and  punish  the 
transgressions  of  their  citizens.     This  has  given  an  opportunity  to 
the  southern  states  to  violate  the  embargo   with  impunity.     It  has 
been  andstill  continues  to  be  violated, even  in  thatgreat  and  respecta- 
ble state,  represented  in  part  by  my  brother  Farmer  (Mr.  Giles)  ;... 
which  state,  he  has  assured  us,  not  only  acquiesced  in,  but  applauded 
the  embargo,  as  a  wise  and  salutary  measure.     To  shew  that  I  am 
correct,  I  will  communicate  to  the  Senate  some  information.     Ono  of 
thecommittee  who  had  a  principal  hand  indrawlng  the  bill,  stated, 
that  he  was  informed  by  the  Captain  of  a  coaster  (on  whose  inlorma- 
tioh  I  should  rely,  being  acquainted  with  him,  and  esteeming  him  a 
man  of  truth,  and  who  had  the  means  of  knowledge,  being  employ- 
ed in  navigating  up  and  down  the  Potomack)  that  there  was  a  great 
disphy  of  activity  and  exertion  in  transporting  the  produce  of  the 
country,  particularly  flour,  to  the  banks  of  the  river,  and  shipping  it 
ofl^for  other  markets.     Confirmatory  of  this  I  hold  in  my  hand  other 
iniormation..."  Capt.  Scovel,  Avho  arrived  (at  New- York)  yesterday, 
"  (December  ISth)  from  St.  Pierres,  Martinique,  and  Antigua,  states 
"  to  us?,  that  vessels  which   daily  arrived  in  distress,  in  the  ports  he 
"  visited,  were  almost  exclusively  fio?ii  the  southern  ports,  and  the  greater 
^'  number  from  the  state   of  Viririnia,  laden  with  flour  and  other  pro- 
*'  visions.".. .^5^rtjK  :..."Capt.  Scovel  who  arrived  here  (at  N.  York) 
"  last  Monday,    (Dec.  IS)   from  Martinique,  via  Antigua  and  St. 
"  Kitts,  informs  us,  that  while  he  lay  at  Martinique,   a  Virginia  pi- 
"  lot-boat  schooner  arrived  there  with  750  barrels  of  flour,  which 
"  the  Captain  sold  for  §30  per  barrel. ..that  while  at  Antigua,  in  the 
/'  course  of  four  days  only,  three  vessels  came  in  there  with  full  car. 
■'goes  of  flour  from  Virginia. ..that  he  saw  at  St.  Kitts  a  Virginia 
*!'  schooner  that  had  been  at  Barbadoes  with  a  cargo  of  flour,  sold  part, 
"  aijd  then  came  to  St.  Kitts  with  the  remainder  for  a  better  market." 
The  Secr^tary  of  the  Treasury  informed   that  the  flour  which  had 
accumulated  in  the   great  flour  markets  of  the  United  States,  wag 
^one;  what  has  become  of  it  ?     I  have  heard  of  no  bonfires,  except 
Ai  one  instance,  to  consume  some  imported  gin.     One  circumstance 
stroogjy  impresses  on  my  mind  a  belief,   that  the  products  of  that 
State,  Virginia,  and  even  the  article  of  tobacco,  have  found  their 
Way  to  foreign  markets;  which  is,  that  flour  and  tobacco,  at  a  parti- 
cular period  during  the  last  summer,  when  the  embargo  was  in  full 
"operation,  rose  to  a  handsome  price,   and  that  some  of  her  citizens  of 
diHirtguished  rank,  were  so  fortunate  as  to  avail  themselves  of  that 


i 


C'"' — 


/mnt'In.^.. ••  r«^.^  l\jr.. »..i~..  I   /ry o :»i.\  -I--      .-.     -I 

j|v«-.n;«iaij  iiv;;i  ittiuj JJUJIU   ^VJCQ.  iJiUUiij  UISO  SISICU  SUIi- 


niitted  in 
on  of  th<s 
t  quarter, 
avc  beea 
jere  beei* 
es  verily. 
ical  tower 
dassacbu- 
whole  of 
jnish  the 
tunity  to 
.  It  has 
respecta- 

Jfilcs)  ;... 

pplauded 
hat  I  am 
Ono  of 
I,  stated, 
iatormu- 
iiig  him  a 
employ- 
js  a  great 
L-e  of  the 
lipping  it 
ind  otiier 
e.sterday, 
;ua,  states 
ports  he 
he  greater 
ther  pro- 
NT.  York) 
.  and  St. 
rginiapi^ 
r,  which 
Lia,  in  the 
I  full  car- 
Virginia 
«oId  part, 
market." 
bich  had 
ites,  was 
s,  except 
jmstance 
s  of  that 
nd  their 
ta  parti. 
IS  in  full 
tizens  of 
s  of  tliat 
iicu  sun- 


dry viohitions  of  the  embargo.  From  %vhich,  and  other  informatloii| 
I  am  induced  to  believe,  that,  there  are  not  many  states  in  the  union 
where  the  embargo  has  not  been  violated.  The  use  I  wish  to  make 
of  this  information  is,  lo  shew  that  this  measure  is  not  to  have  a  lim- 
ited or  local  operation  ;  but  is  to  pervade  our  whole  country,  and 
may  affect  every  citizen  of  the  United  States.  Let  me  therefore  en- 
treat this  Senate  to  consider  well  before  they  give  their  sanction  to 
a  bill  which  is  to  have  such  a  general  operation  ;  a  bill  wh'ch  coni* 
tains  such  novel  and  extraordinary  provisions  ;  a  bill  which  may  en- 
dani^er  civil  liberty,  and  lay  the  foundation  of  a  military  despotism. 

On  the  recommitment  of  the  bill,  one  very  obnoxious  paragraph 
was  stricken  out,  and  others  were  altered.  Some  of  the  paragraphs 
1  shall  pass  by  without  notice.  The  first  to  which  I  shall  ask  the 
attention  of  the  Senate,  is  the  2d  section.  That  places  the  whole 
trade  and  intercourse  between  the  stattrs,  at  the  arbitrary  will  and 
pleasure  of  the  president,  collectors  and  special  revenue  officers; 
there  being  no  rule  laid  down  by  which  their  discretion  is  to  be  go- 
verned. And  who  are  these  collectors  and  revenue  officers,  who 
are  to  be  entrusted  with  such  unlimited  power  ?  Not  judges  hold- 
ing their  offices  independent  of  the  Executive  will,  and  free  from 
Executive  influence.  They  are  the  mere  creatures  of  the  executive, 
who  are  killed  or  made  alive  by  the  breath  of  the  President. 

This  section  provides  that  it  shall  not  be  lawful  to  put  on  board 
any  ship,  vessel  or  bout,  of  any  description  whatevei,  any  specie, 
•r  goods  wares  or  me-chandize,  either  of  domestic  or  foreign 
growth,  unless  a  permit  particularly  stating  the  articles  thus  to  be 
laden,  shall  have  been  previously  obtained  from  the  collector  of  the 
district  in  which  such  ship,  vessel  or  boat  may  then  be,  or  from  a 
revenue  officer  specially  authorized  by  such  collector  to  g-ant  sucli 
permit;  nor  unless  the  lading  shall  be  made  under  the  inspection  of 
a  proper  revenue  officer ;  nor  unless  bonds  with  surety  to  the 
amount  of  six  times  the  value  of  the  vessel  and  cargo  shall  be  given 
for  relanding  the  whole  cargo  in  the  U.  S.  And  ic  is  made  lawful 
for  the  collectors  to  refuse  permission  to  put  any  cargo  on  board, 
whenever  in  their  opinion  there  is  an  intention  to  violate  the  embar- 

fo;  or  whenever  they  shall  have  received  instructions  to  that  effect, 
y  direction  of  the  President  of  the  U.  S.  A  proviso  excepts  from 
the  operation  of  this  section,  the  bay  and  river  craft.  The  bond  de- 
manded is  ex!  essive  and  oppressive.  There  is  no  rule  laid  down  by 
Tvhich  the  discretion  of  the  collectors  or  revenue  officers  is  to  be  go- 
verned; or  to  point  out  to  the  citizens  of  the  U.  S.  what  they  may 
expect  or  claim  as  a  right.  The  permit  may  be  refused  altogether, 
opon  the  mere  suspicion  or  jealousy  of  the  officer,  however  un- 
founded. What  a  door  is  here  opened  for  partialitv  and  favoritism, 
and  to  gratify  party  feelings  and  party  animosities?  And  have  we 
not  reason  to  believe  it  will,  in  many  instances,  be  improved  for  the 
most  oppressive  party  purposes  ? 

Sect.  4th  places  the  bay  and  river  craft  under  the  like  arbitrary 
discretion  of  the  collectors;  who  are  authorized  to  grant,  uude^ 
auch  general  instructions  as  the  President  of  the  U.  S.  may  giv,e, 
general  permission,  xohen  it  can  be  done  without  danger  6f  the  embargo 


$eins!  violated,  to  take  on  board,  at  any  time,  such  articles  of  domes- 
tic or  ibreigu  growth  as  may  be  dwsignated  in  «uch  permit;  bond 
with  surety  being  previously  given  in  an  amount  equal  to  three  hun- 
tlreil  (lollitrs  for  each  ton,  conditioned  that  every  article  taken  oa 
board  shall  be  relanded  in  the  U.  Statt's,  and  thut  such  vessel  shall 
hot  be  cu)i)l(>ye(i  in  any  foicign  trade  &c. 

-  When  the  r  gulaiion  of  the  whole  commerce  and  intercourse  be- 
tween the  different  states,  is  placed  at  the  arbitrary  discretion  of 
such  an  liostoi  coilectorM,  without  any  specific  rule  laid  down  in  tho 
law  by  which  they  are  to  govern  their  conduct ;  will  there  not,  un- 
ilor  this  act,  if  it  should  pass,  be  danger,  will  there  not  be  a  cer- 
tainty, that  difltrent  collectors  will  adopt  difl'erent  rules  ?  and  that 
cilirerent  and  greater  restrictions  will  be  put  upon  the  commerce  of 
Kome  states  than  others?  which  would  be  a  violation  of  thjit  clause 
of  the  constitution  which  says,  "that  no  preference  shall  be  giveft 
*'  by  any  regulation  of  commerce  or  revenue  to  the  ports  of  one  state 
"  over  those  of  another.'* — This  clause  of  the  constitution  renders  it 


regulations  of  last  summer.  The  governors  of  some  of  the  stateii 
were  authorized  to  grant  permits  to  impart  flour:  alike  indulgence 
was  not  extended  to  the  governors  of  other  states.  In  some  states 
piermits  would  be  very  liberally  granted ;  in  others  the  collectors 
would  be  rigid,  and  slop  nearly  all  the  trade  of  a  state. 
'■  The  5th  section  subjects  innocent  persons  to  penalties,  confound 
innocence  and  guilt,  involving  both  in  one  common  punishment. 
After  declaring  the  forfeiture  of  the  ship,  vessel  or  boat,  together 
tvith  the  specie,  goods,  wares  and  merchandize  taken  on  boird. 
Contrary  to  the  provisions  of  the  third  section  of  this  act,  it  goes  on 
to  say.that  the  owner,or  owners,  agent,  freighter  or  factor,  mastier  or 
Commander  of  such  ship,  vessel  or  boat,  shall  moreover  «<?fcra%  for- 
feit and  pay  a  sum  equal  to  the  value  of  the  ship,  vessel  or  boat^ 
and  of  the  cargo  put  on  board  the  same.  By  the  provision  of  this 
section,  the  inquiry  before  the  Court  and  Jury  will  be,  not  whether 
the  person  accused  has  been  concerned  in  a  violation  of  the  embargo, 
bot  whether  he  be  an  owner,  agent,  freighter,  factor,  mas* 
ter,  or  commander  of  such  sriip,  vessel,  or  boat;  and  he  may  have 
been  ignorant  of  any  intention  to  violate  the  law;  aay  more,  tho* 
Apposed  to  such  violation,  he  is  to  be  adjudged  guilty  and  subjected 
to  pdni.^hment.  But,  says  the  gentleman  from  Va.  this  is  no  new 
principle,  it  has  already  been  introduced  and  recognized  by  the  re- 
venue laws.  To  prove  this,  aqd  that  collectors  are  thereby  authorit 
sed  to  search  for  and  seize  g^oods,  he  read  the  68th  and  69th  sections 
of  the  collection  law,  of  March  2d,  1779.*  The  great  and  leading 
piincipL'  of  the  revenue  law  is,  that  the  penalty  operates  on  th« 
v^?o/>er/y  in  all  cases  except  where  a  person  is  negligent,  or  knowini^. 
ly  guilty  of  a  violation  of  the  law;  in  which  case  there  is  superad- 
tied  a  personal  penalty.  For  example,  a  captain  who  neglects  or 
fcfuscs  to  ei;tur  his  vessel,  or  makes  a  false  eatry,  or  attempts  boruii 


;Ies  of  domes- 
permit;  bond 
to  three  h un- 
cle tuken  on 
li  vessel  shall 

itcrcourse  be> 

discretion  of 

(1  down  in  tho 

there  not,  un- 

not  be  a  cer- 

38  ?    and  that 

commerce  of 

>f  tlv^t  clau.<te 

lal)  be  giveb 

Is  of  one  state 

ion  renders  it 

the  rules  by 

certain,  spe- 

[uality  in  th« 

of  the  stateii 

e   indulgence 

1  some  states 

the  collectorc 

es,  confound 
punishment, 
loat,  together 
;n  on  bo4rd, 
ct,  it  goes  on 
tor,  mastier  or 
•severally  for- 
;ssel  or  boatj 
ivision  of  this 
,  not  whether 
the  embargo, 
factor,  mas* 
he  may  have 
y  more,  thoi* 
and  subjected 
lis  is  no  neyr 
ed  by  the  re- 
2reby  authorir 
69th  sections 
ait  and  leading 
erates  on  thf 
;,  or  knowini^. 
're  is  superacK- 
o  neglects  or 
Ueniptd  boiuii 


joodsand  avoid  the  payment  of  duties,  the  ves-jel  and  goods  arede- 
cUred  forfeit,  and  the  tapiaiii  and  olh«ir  persons  concf:raed  in  sucli 
Tiolatiou  of  the  law,  subjected  toapoually  ;  but  in  no  instance  itr 
the  owner,  agent,  freighter  or  factor,  who  has  no  knowledge  of  such 
▼iolation,  subjected  to  a  penalty.  True  it  is,  the  innocent  owner 
may  be  subjec  ed  to  the  loss  of  his  vessel  and  goods  ;  but  that  got:% 
Upon  an  entirely  diilerent  principle;  which  is,  that  the  owner  is 
responsible  for  the  good  conduaof  his  captain  or  agent,  so  far  as  the 
property  goes  that  he  entrusts  in  his  hands.  But  it  was  reserved  for 
this  bill  to  introduce  into  our  code  thecriminal  ;jrinciple  that  Jan  in. 
nocent  man  is  to  be  arraigned,  found  guilty  and  punished,  merely 
for  being  an  owner,  agcnt,4f  freighter  or  factor.  This  is  a  princi- 
ple that  would  disgrace  the  most  tyrannical  code  of  the  most  ty- 
rannical government  that  ever  existed. 

Section  6,  subjects  the  rfpwftd  owner  to  the  .^ame  forfeitures  and 
penalties  as  are  inflicted  on  the  real  owner  in  the  preceding  section. 
So  that  an  innocent  person  is  not  only  liable  to  the  charge  of  a 
<:rime,  but  te  a  conviction  and  punishment,  because  his  name  hap« 
pens  to  appear  on  a  certificate  of  registry,  enrollment  or  licence,  or 
the  laj^t  clearance  or  custom  house  document,  though  he   may  have 
no  interest  or  prppejty  whatever  in  theship  or  vessel  that  shall  vio^ 
late  the  law,  and  no  knowledge  of  such  violation,  or  of  any  intention 
to  violate  the  law.     This  same  section  establishes  unwarrantable  re* 
strictionson  the   sale  and  transfer  of  property.  For  it  is  provided 
that  no  sale  shall  be  recognised  or  rendered  eli't'Ctual,  until  a  bond 
shall  be  given  equal  to  300  dollar?  for  each  ton  of  such  ship  or  ve*» 
fe)  HO  proposed  to  be  sold,  conditioned  that  such  ship     r  vessel  shall 
not,  during  the  continuance  of  the  embargo,  contravene  or  infringe 
any  of  the  provisions  of  the  said  acts.     A  vessel   of  one  hundred 
tons  burthen  cannot  be  sold  without  entering  a  bond  of  30,000  doli 
Jars — an  enormous  bond,  which  very  few,  if  any,  such  owners  would 
be  able  to  obtain,  though  under  the  most  pressing  necessity  of  sell- 
ing to  obtain  the  means  of  subsistence,  or  bread  for  his  family.     W  ho 
would  entangle  his  fortune  with  such  a  bond?     Let  me  a^k  the  gen- 
tleman from  V.  whether  even  to  oblige  a  sutFering    neighbour,  be 
would  pledge  his  farm  and  mills  by  entering  into  such  a  bond  ?     I 
bave  too  good  an  opinion  of  his  prudence  and  foresight,  to  believot 
he  would  thus  encumber  the  place  of  his  dignified  retirement  with 
fiuch  a  bond;  and  if  his  patriotism  would. not  induce  him  to  give 
ij^h  a  bond,  who  is  there  that  would  doit  ?     As  well  might  Con-, 
gross  pass  a  law  declaring  it  unlawful  to  sell  at  .all,  as  tc  pass  this 
law  ;  for  it  is  an  indirect  mode  of  doing  the  same  thing.     And  has 
th^ ,  constitution  given  to  Congress   any  such  power?     If  we  are 
•loomed  to  sufiier  under  the  embargo  system,  it  is  belter  far  to  stop 
ih^  coasting  trud^  altogether,  and  chain  our  coasters,  as  are  our  other 
tes&els,  to  rot  at  our  ^harfs,  than  to  disgrace  our  country  by  such  an 
act.     An  act  which  only  tantaliaes  our  citizens  with  the  shew  of  a 
coasting  trade,  when  by  requiring  excessive  bonds,  impiosinj;  bur* 
thensume  restrictions,  and  siihmittinaf  tlm  whole  to  the  arbitrary  ,di.s» 
^retitn  aod  caprice  of  a  h^stof  c«)lle«ters,  it  will  ia  fact  be  anaihilji^^ 


, 


;! 


8 

ttj>,  or  nearly  no;  an  art  winch,  under  pretence  of  rrg„ln\ng  tKc 
^!c  of  vessels,  ha.  requ/re,l  a  bond  which,  .n  it.  ..p.-ratum,  woJid  Irt 
most  ta.,e,  amount  to  an  ahaolule  prohibition.  An  act  which  ope  ,  J 
d.x>r  <or  the  met  w..uon  favouritism  and  cruel   ..poressim' :  an  act 

The  7th  section  contains  a  most  extraordinary  provision,    a  provl- 
..on  which  v.rtua  ly  gue«  to  deprive  the  party  of  his  riJh   of  rfal  bv 

tHl^Jl       "'rr;''  ?'^^"'^r''^^"*-'°'  and  make  hisdefence.   By 

Secre  1  fffr-r "'"""'  ^''''''^''''  '^   "''^  '^«'  is  referred  to  th^ 
&ecrelary  of  the   rreasury  ;  an  .xecut.ve  otticer  holding  his   onire 
a   the  pleasurcol  the  President,  and  residing  in  this  city,  the  seat  of 
the  general    government,  which,  as  re#ds  the  convenience  o     a 
gear  portion  of  the  citizens  of  the  United  States,   is  a  disunu  land. 
ihe  section  provides  that    in  all  suits   on  bonds  given    by  v.rtu.-  of 
tins  or  any  of  the  embargo  acts,  conditioned   that  goods,  wares,  or 
merchandize,  or  the  cargo  of  a  vessel    shall  be  relanded  in  the  U. 
Maes  judgment  .ha  I  be  given  against  the  defendant,   unless  proof 
•hall  be  given  of  such  relanding,  or  the  loss  of  the  vessel  at  sea    But 
BPither  cnptme,  distress,  or  oni/ot^ier  accidait  xvkatcvcr,  shall  be  pleaded 
or  given   in  evidence  in  any  such   suit.     What  possible  difference 
can  there  be  between  depriving  a  party  of  his  trial  by  jury  altoge- 
ther   and  prccud.ng  the  evidence  necessary  to  his  defence  and  the 
•stabijshment  of  his  innocence.     Jt  is  an  axiom  admitted  in  all  codes 
t/iat  the  act  of  God  shall  prejudice  no  man.     But  bv  this  bill,  if  a 
▼essel  bound,  for  example,   from  New- York  to  Newilaven,  should 
have  a  single  hogshead  of  rum  on  board,  and  in  a  thunderstorm  thig 
should  be  set  on  fire  and  consumed,  and  the  vessel  fortunately  escape 
by  the  provisions  of  this  bill,  because  the  rf/anrfin^  of  the  rum,  or  the 
iwj  of  the  vessel  cannot  be  proved,  judgment  is  to  goon  the  bond  • 
although  the  defendant  has  the  most  .ncontrovertable  evidence  to 
prove  the  above  fact  (the  destruction  of  the  rum)  a  complete   drfence 
at  law... not  by  custom  house  oaths,  of  which  the  g.ntleman  from  V 
aeemsto  think  so  lightly  (and  which  I  am  sorry  he  should  disparage' 
as  on  them  depends  much  of  our  revenue)  but  bj  the  oaths  of  th© 
most  respectable  characters  of  our  country,  who  may  be  on  board 
and  eye  witnesses  of  the  fact ;  nay,  it.  might  happen  to  be  the  gen' 
tJenaan  himself.     Another  case. ..in  ;i  storm,  to  save  t(»e  vessel  and 
their  lives,  the  crew  and  passengers  throw  overboard  a  cargo  of  flour 
•r  such  as  may  ha  on  deck  and  in  the  way  of  working  the  ship  •    ' 
proof  of  this  is  not  to  be  admitted  before  the  Court  and  Jury,  but 
judgment  is  to   be  rendered   against  the  defendant.     Manv  other 
such    like  cases  might  be    put  equally  strong.    Article  7  of  the 
amendments  to  the  constitution  provides,  that  "  where  the  value  in 
•ontroversy  shall  exceed  twenty  dollars,  the  right  of  trial  shall  be 
preserved.'*    Two  of  the  prominent  articles  of  grievance  set  forth  in 
uie  declaration  of  independence,  are  in  these  words  : 

"  For  depriving Hs  in  many  cases  of  the  !  enefit  of  trial  by  jury." 
"  For  transporting  us  beyond  the  seas,  to  be  tried  for  pretended 


gulating  the 
on,  would  \h 
hicli  opens  a 
}ion  :  an  act 
justice, 
on,   a  provl- 
lit  of  trial  by- 
party  would 
[fi'Teiict!.   By 
erred  to  the 
g  his   oflirc 
f,  the  seal  of 
Rnience  of  a 
distant  land. 
hy  virtue  of 
is,  wares,  or 
d  in  the  U. 
inless  proof 
I  at  sea    But 
1  be  pleaded 
B  difference 
jury   altoge- 
nce  and  the 
in  all  codes, 
his  bill,  if  a 
ven,  should 
erstornn  this 
tely  cscHpe, 
rum,  or  the 
I  the  bond  ; 
evidence  to 
lete   dt fence 
m  froai  V. 
I  disparage, 
aths  of  the 
'  on  board, 
be  the  gen- 
vessel  and 
rgo  of  flour, 
he  ship :.., 
1  Jury,  but 
Wany  other 
e  7   of  the 
le  value  in 
al  shall  be 
set  forth  in 

I  by  jury." 
pretended 


Til)  deprive  the  party  of  the  right  to  pleader  give  in  evidence 
lirhat  would  establish  his  innocence,  is  to  deprive  him  of  his  trial  ;    to 
require  a  court  to  render  judgment  on  a  bond  against  the  defendant, 
who  is  prepared  and  offers  liis  plea  and  evidence,  to  establish  acom- 
plete  and  legal  defence  before  a  Court  and  Jury,  is  to  deprive  liim  of 
his  trial  by  Jury,  and  u  a  denial  of  justice.     And  to  send  a  defen- 
dent  thus  condemned  to  the  city  of  Washington  to  obtain  relief  is  in- 
deed sending  him  "  to  be  tried  for  pretended    olfence.s."  But,  says 
the  gentleman  from  V.  by  the  humane  provision  contained  in  the 
t>verfth  section,  the  person  thus  unjustly  condemned  may  escape  the 
penalties'  of  the   law.     And    how  \     J8y  conforming  to  the  law  of 
Idarch  3d,  1797,  which  provides  for  mitigatinij  or  remitting  forfeit 
tures,  penalties  and  disabilities.     That  is,  l)y   going    hundreds    of 
tniles  from  his  own  home  to   the  City  of  Washington  (little  less  in. 
convenient  than  a  voyage  across  the  Atlantic)  there  to  appear,  not 
before  an  impartial  tribunal,  composed  of  judges  and  jurors  of  his 
own  vicinity,  free  from  all  executive  influence  and  party  biass  ;  but 
before  the  Secretary  of  the  treasury,  holding  his  office  al  the  will  of 
the  Executive. .»not  in  the  manly  attitude  of  a  citizen  boldi     consci- 
ous innocence,  to  defend  his  character  against  the  imputation  of  be- 
ing a  violator  of  the   laws  of  his  country. ..but  in  the  attitude  of  a 
suppliant,  against  whom  judgment  has  already   been   pronounced  ; 
humbly  praying,  on  the  bended  knee,  for  the  remission  of  the  pe- 
nalty of  the  law  ;   which  he  can  claim,  not  as  matter  of  right,   but 
of  grace.     Is  it  possible  that  free  born  Americans  can  submit  to  such 
indignity  ?     Is  it  thus  that  the  character,  the  feelings  and  the  innocenct 
of  the  American  people  are  to  be  made  the  sport  of  an  embargo  sys- 
tem }     No  sir,  pass  this  law,  and  that  system  now  oppressive  will  be* 
come  odious,  more  odious  if  possible  than  were  the  measures  o\'  th* 
British  Parliament  which  drove  us  into  the  revolution,  induced  us  to 
bear  all  the  hardships  of  a  long  war,  and  severed  the  colonies  from 
the  parent  country. 

Sect.  9 — Authorizes  the  collectors  to  seize  or  take  into  their  custo- 
dy, without  warrant,  without  evidence,  and  at  their  own  discretion, 
spec4e,  or  any  article  of  tlomestic  growth,  produce  or  matrufacture, 
when  there  is  reason  to  believe  they  are  intended  for  expoitation  } 
or  when  in  vessels,  carts,  wag^fonsj  sleighs  or  any  other  carriage,  or 
in  any  manner  apparently  on  their  way  towards  the  territory  of  a 
foreign  nation,  or  the  vicinity  thereof,  or  towards  a  place  whence 
such  articles  are  intenocd  to  be  exported.  This  seisure  may  be 
made,  not  only  on  board  a  vessel,  but  on  the  land  ;  not  only  in  si 
©art,  waggon,  of  sleigh,  but  wherever  they  may  be  ;  provided  there 
is  reason  to  believe  they  are  intended  for  exportation.  Money  is 
not  kept  in  the  highw^ay  or  open  field;  but  in  a  house>  in  a  desk  or 
private  drawer;  flour  and  other  articles  of  produce  are  not  kept  in  a 
situatmn  to  be  exposed  to  the  weather,  or  other  injury,  but  in  ware- 
houses or  stores :  when,  therefore,  an  authority  is  giv«  n  to  take  these 
articles,  when  the  collector  believes  they  are  intended  for  exportation, 
it  is  to  take  them  where  they  are  usually  kept  and  may  be  expected 
to  be  found.  My  house,  I  have  always  been  taught  to  believe,  was 
my  castle,  my  sanctuary,  whete  myself  and  property  could  remaifil 


,       I 


i 


10 


in  perfect  security;  unless  I  should  have  forfeitetf  the  privilege  by 
some  crime  against  the  stale.  But  are  we  nut  about  to  decJare,  by 
this  bill,  that  a  collector,  and  without  any  warrant  from  a  civil  'ma- 
gistrate, »nd  merely  on  the  ground  of  his  own  suspicion,  and  go- 
verned only  by  his  O'vn  discretion,  may  enter  my  enclosure,  my 
store,  ni}' dwelling  house;  and  ther  take  into  custody  my  money 
and  other  articles  ?  That  he  may  call  the  military  to  aid  him  in  this 
work  ?  In  the  progress  of  which,  n.ay  not  my  private  and  most  con- 
fidential papers  be  e\iw»sed  i'  Do  not  these  things  tend  to  irritation, 
to  resistance,  to  bioodsh  J?  Can  suchjiegislative  provisions  consist 
with  a  wise  policy,  with  the  principles  of  a  free  ^^ver'-imcnt,  or  the 
constitution  of  the  U.  States  ? 

Jn  article  4  of  the  amendments,  it  is  provided,  that  *'  the  ric^ht  of 
*'  the  people  to  be  secure  In  their  persons,  houses,  papers  and  effect? 
"  noainst  unreasonable  searches  and  '.fizures,  shall  not  be  violated; 
"and  no  warrant  shall  issue  but  upon  probable  cause,  supported  bv 
"  oath  or  affirmution,  and  particularly  describing  the  place  to  be 
"  searched  and  the  person  or  things  to  be  seized." 

The  gentleman  from  Va.  here,  as  in  other  instances,  rests  his  de- 
fence of  this  section  on  the  law  for  the  collection  of  the  revenue, 
and  particularly  on  the  same  08  section,  which  has  been  read.    True 
it  is,  that  by  that  law  the  collector  is  authorised  to  go  on  board  a  vessel 
and  make  search  or  seizure  without  warrant  j  but  the  moment  he  sets 
his  foot  on  the  land,  and  wishes  to  make  search  or  seizure,  applica- 
tion on  oath  must  be  made  to  a  magistrate  tor  a  ivarrant  to  be  executed 
in  the  manner  directed.     There  has  always  been  a  difference  in  the 
mode  of  enforcing  the  laws  on  board  of  vessels  on  the  water,  front 
what  was  admitted  on  the  land;  and  less  formality  and  caution  has 
been  observed  in  making  search  and  Seizure  on  board  of  vessels  thaa 
what  is  required  on  the  land,  in  our  stores  and  dwelling  houses.     For 
the  purpose  of  executing  the  law  of  nations  on  the  high  seas,  com- 
mercial  regulations  and  the  collection  of  revenue,  it  has  been  found 
necessary,  at  all  times,  to  subject  vessels  to  the  inconvenience  of  be- 
ing liable  to  search  and  seizure  without  warrant  and  without  muck 
iormality.     A  great  discrimination  has  always  been  made  between 
vessels  and  houses. 

There  is  another  manifest  distinction  between  seizures  under  the 
Jaw  for -jollecting  revenue,  and  the  present  bill  ;  there  the  articles 
seized  are  claimed  to  have  become  forfeited  ;  but  by  the  present  bill 
there  is  a  bare  suspicion  that  they  are  about  so  to  be  proceeded  with 
as  f  hit  they  may  become  forfeited.  Under  those  laws  the  property 
is  immedi'a?ely  placed  in  the  custody  of  the  law,  and  under  the  ju- 
risdiction of  a  Court  of  Justice  ;  "where  the  claimant  can  have  a 
t.-ial>  and  if  he  can  make  out  a  well  founded  claim,  is  entitled  tea 
restoration  of  his  property.  Ky  this  bill,  the  properly  is  held  by  the 
collectors,  and  the  owner  has  no  way  of  obtaining  the  same  but  by 
substifutiug  a  bond,  with  sufficient  sureties  (which  the  party  may 
not  be  able  to  obtain)  for  the  landing  or  delivery  of  the  same  in  some 
place  in  the  United  States,  where  in  the  opinion  of  the  collector, 
there  shall  not  b*  danger  of  such  article*  being  exported. 


11 


privilege  by 
declare,  by 
I  a  civii  ma- 
on,  and  go- 
iclosure,  my 
niy  money 
1  him  in  tin's 
)d  most  con- 

0  irritation, 
sions  consist 
ncnt,  or  the 

the  riffhtof 
'  and  e(iect«, 
30  violated  ; 

pported  by 
place  to  be 

rests  his  de- 
be  revenue, 
read.  True 
)oard  a  vessel 
ment  he  sets 
re,  applica- 
be  executed 
ence  in  the 
water,  from 
caution  has 
vessels  thaa 
ouses.  For 
seas,  con^. 
been  found 
ence  of  be- 
thout  muck 
de  between 

s  under  the 
the  articles 
present  bill 
eeded  with 
he  property 
der  the  ju- 
can  have  a 
entitled  tea 
held  by  the 
ame  but  by 

1  party  may 
mie  in  some 
e  collector. 


,  When  the  collector  has  seized  or  taken  money  or  other  article*, 
it  is  made  his  duty  lo  guard  ihem  ;  which  uiust  be  done  either  in 
the  place  where  taken,  or  in  some  other  place  to  which  he  shall  ia 
his  discretion  remove  them.  And  for  the  purpose  of  taking  into 
custody  and  guarding  specie  or  any  other  article,  the  llth  section 
authorises  the  Presidem  of  the  United  States,  or  such  other  per- 
son as  he  shall  have  appointed,  to  employ  the  land  and  naval  forces, 
or  militia  of  the  United  States.  Take  either  alternative,  the  lavr 
cannot  be  executed  without  a  violation  of  the  constitution,  lor 
suppose  it  to  be  money,  and  to  iwoid  any  question  about^  an  unreo- 
ionable  search,  we  will  suppose  the  collector  present  in  uiy  house, 
and  sees  me  count  and  place  a  large  sum  cf  money  in  my  desk' 
which  he  believes  is  intended  for  exportation  in  violation  of  ihe  em- 
bargo, and  makes  a  seizure,  as  would  be  his  duty  under  this  bill.  If 
tlie  money  is  not  to  be  removed,  he  must,  or  may,  intioduce  a  soldier 
or  soldiers  into  my  house  lo  guard  it ;  which  would  be  in  direct  vio. 
Jation  of  the  3d  article  of  the  amendments  to  the  constitution,  which 
says,  "no  soldier  shall  in  time  of  peace  be  quartered  in  any  iiouse, 
'*  without  the  consent  of  the  owner  ;  nor  in  time  of  war,  but  in  mani 
"nertohe  prescribed  by  law."  If  the  money  is  to  be  removed  to 
some  other  (in  the  opinion  of  the  collector)  safe  place,  then  is  there 
a  violatian  of  the  3th  article  of  the  aiuf  nUtuentii,  which  ?ays,  that 
no  person  shall  be  "  "'eppiv-ed  of  his  lite,  liberty  or  property/with- 
*'out    due  process  of  law." 

Sec.  10.  Gives  to  the  President's  m/rt'rt /n^?v,<and  the  ruin  he  may 
prescribe,  the  authority  of /«tf.  Are  we  prepared  for  this,  to  au- 
tborise  the  President  to  make  produmaiion  laivs  .?  In  that  section  it 
is  provided,  that  the  powers  given  to  Collectors  "  shall  be  exercised 
*' in  conformity  with  such  instructions  as  the  President  may  give, 
"  and  such  general  rules  as  he  may  prescribe  for  that  purpose,  made 
"  in  pursuance  of  the  powers  aforesaid. ..wiiich  instructions  awd 
"  general  rules  the  Collectors  shall  be  bound  to  obey  :...And  if  a.iy 
**  action  o^suit  be  brought  against  ^ny  Collector  or  other  person  act- 
"  ing  under  the  directions  of  and  in  pursuance  of  this  ad,  he  mav 
"  plead  the  general  issue,  and  give  this  act  and  the  instructions  and 
"regulations  of  the  President,  in  evidence  for  his  jusiificaiion  and 
"  defence."  Neither  in  this  or  the  former  act  is  there  any  rule  laid 
down  by  which  the  President's  instructions  are  lo  be  governed  con 
sequently,  they  depend  on  hie  own  arbitraiy  will  and  pleasure.'.'.and 
It  is  made  the  duty  of  the  Collectors  to  pay  implicit  ooeaietice  to  those 
i«struction8...and  through  the  Collectors  they  are  to  opperate  upon 
the  property  and  conce-ns  of  the  people.  Tmrt  is  no  moJe  pointed 
out  by  which  these  instcuctions  are  to  b^  piomulgaied  and  msde 
known,  as  are  the  laws.  B  the  constitution,  all  laws  are  to  recti-  e 
the  sanction  of  the  two  branches  of  the  kgisbture  and  be  approved 
by  the  President.  But  acrording  to  this  s  ction,  the  President's  in. 
structjons,  proceeding  from  the  recesses  of  the  palace,  and  commu- 
nicated only  to  the  Collectors,  are  to  hnve  the  bidding  foice  of  law-« 
are  to  affect  the  properly  and  conc-rn^  of  tue  citiz^-ns  of  the  Uni^ed 
btates— are  to  controul  the  cour':s  o'  justioe—oud  thus  violtte  th-t 
sanctuary  which  has  always  be. n  tsteemtd  a  great  bulwark  tn  .>-i,.,ra 


12 

the  liberties  of  a  free  peoplf .  Tlisee  instructions  are  to  be  given  in 
evidence  on  unjr  suii  against  the  officer  for  his  justification  and  de- 
fcnctr.  If  the  officer  is  bound  to  obey  those  instructions,  the  courts 
must  necessarily  be  bound  to  receive  them  as  evidence  in  justifica- 
tion of  the  Collector — the  constquence  necessarily  follows  that  they 
must  controul  the  cours  of  justice. 

To  support  the  prin-  iple  of  this  section  of  the  bill,  the  gentleman 
from  Vitginic  has  read  to  us  a  law  of  the  United  States  passed  in 
June,  1794,  authorising  the  President  to  tay  an  embargo,  provide 
the  necessary  rtgulationsr  for  carrying  it  into  effect,  and  for  revoking 
the  same."^  Whether  I  did  or  did  not  vote  for  that  lav/  I  do  not  now 
recollect ;  the  yeas  and  nays  were  not  taken.  But  I  have  no  hesita* 
tion  in  saying,  that  with  my  present  impressions,  I  should  under  like 
circumstaJjc  s,  votv  for  such  a  law,  tither  undur  the  then  j^diainis- 
traiion  or  the  present.  We  then  had  disputes  with  the  British  go- 
vernrnenr,  which,  unless  settled  by  the  negotiation  then  pending,  must 
terminate  in  war.  We  had  adopted  every  defensive  measure  in  our 
power,  and  Congress  were  about  to  adjourn,  and  wait  the  issue  of  the 
nrgotiotion.  If  unsncccasful  it  might  bseome  necessary  suddenly  to 
B'op  our  vessels  in  our  haibors,  previous  to  a  declaration  of  war.-  - 
Congress  could  not  be  convened,  so  as  to  pass  a  law,  much  short  of 
two  months.  It  resulted  therefore,  c<s  a  necessa-y  consequence,  ihat 
the  power  must  be  lodgvd  some  where  i  and  where  more  properly 
than  with  the  chief  Magistrate  ?  In  my  opinion,  the  power  to  lay 
an  embargo  is  not  given  to  Congress  by  that  clause  of  the  constitu- 
tioti.  which  gives  the  power  to  regulate  commetce ;  it  is  in  direct 
hostility  to  comr?  erce.  The  power  to  lay  an  embargo  follows  as  a 
necessary  appendage  to  th'*  power  of  making  war.  The  case  migUt 
happen  when  even  the  commanding  oRicer  of  the  army  might  oe 
justified  in  laying  an  embargo  on  all  ihips  and  vessels  in  certain  har- 
bors and  rivr.rg,  when  Uvcessary  toaida  military  expedition  then  on 
foot.  Ti.c  Parliament  of  England  have  the  sole  power  to  regulate 
eommtrce  ;  the  Kingh  .s  the  power  of  declaring  war  and  of  laying 
an  e.nbtUgo,  But  this  is  a  power  to  be  exercised  with  great  caution  ; 
it  is  a  measure  temporary  in  its  nature.  The  present  is,  I  believe, 
the  firjt  rx{)triment  of  a  ptrmancnt  embargo.  It  is  a  power,  when 
given  to  the  Executive,  which  is  to  be  carefully  guarded  ;  as  was  the 
law  in  1794;  by  wiiich  the  President  was  not  to  lay  an  embargo 
v^\^en  Congress  were  in  'ession  ;  nor  that  should  continue  in  force 
but  for  a  short  lime  after  Congress  shotdd  convene. 

To  enable  us  to  form  a  correct  opinion  in  this  case,  it  is  proper  to 
inquire  what  is  an  P^mhaugo.  An  embargo,  in  its  nature  and  legiii- 
mate  import,  is  most  emphatically  «  measure,  not  effecting  the  inter- 
Dal  policy  of  a  countiy,  but  operating  upon  the  water,  in  relation  to 
ships  and  vessels.  Its  proper  element  is  the  xaatef)  not  the  land  : 
but  Congress,  daring  llie  last  session  and  the  present,  have  been  la- 
bouring to  convert  this  neater  fotvl  into  a  land  turlle,  which  might 
creep  into  the  inclosure  of  every  man  in  the  nation.  Upon  these 
principles,  an  embargo  law,  or  resolution,  would  be  very  short,  as  w^s 
Ihetin  1794.    Bv»t  in  the  present  efisie.  Congress  have  aGCumiU:ite^ 


13 


be  given  in 

lion  and  de- 

s,  the  courts 

in  justitica-. 

ivs  that  they 

le  gentleman 
es  passed  in 
rgo,  provide 
for  revoking 
I  do  not  now 
ve  no  hesita* 
Id  under  like 
en  i^diaii)i£» 
:  British  go- 
ending,  must 
isure   in  our 

issue  of  the 
'  suddenly  to 
m  of  war.-  - 
uch  short  of 
quence,  that 
:)re  propetly 
power  to  lay 
the  constitu- 
is  in  direct 

follows  as  a 
:  case  niigUt 
ny  mij^ht  oe 

certain  har- 
tion  then  on 
'  to  regulate 
nd  of  laying 
reat  caution  ; 
is,  I  believe, 
power,  when 
;  as  was  the 
an  embargo 
Hue  in  force 

t  is  proper  to 
•e  and  legiti- 
■■g  the  inter- 
n  relation  to 
ot  the  land  : 
liave  been  la* 
ivhich  might 
Upon  these 
short,  as  w-»» 
accumiUate^ 


one  long  intricate  statute  upon  another,  until  the  property  of  the 
whole  country  is  involved  within  their  grasp.  In  short,  the  effort 
ha"  been  to  convert  an  embargo  into  a  non-exportation  act.  In  this,  as 
in  many  other  esses,  a  wong  title  has  been  adopted  ;  and  from  that 
circumstance  urises  much  of  our  present  embarrassment.  Had  the 
law  of  17i)4,  giving  to  the  President  ot  the  United  States,  the  pow- 
er of  laying  an  embargo,  so  confidently  relied  on  by  the  gentleman 
from  Virginia,  as  justifying  the  powers  and  principles  of  the  present 
bill,  contained  s»/c/< powm,  and  such  principles  it  never  would  have 
had  my  support  cr  my  vote.  It  would  have  merited  confagratimy 
and  to  have  been  burnt,  as  on  another  occasion  was  the  law  of  a 
state,  bv  no  ordinary  fire. 

Mr.  'Pre^,id«-nt,   after  enumerating  such  a  catalogtte  ol  arbitrary 
reslriciions,  oppressive  regulations,  and  unconstitutional  provisions, 
comprised  in  this  one  bill,  could  it  have  been  imagined  that  tliere 
was  one  obiecuonable  section  still  left  for  consideration,  more  alarm- 
ing than  any   that  have    preceded  ?    One  that  makes  a  full  stride 
towards  the  introtiuction  of  a  military  despotism.     It  is  Section  U, 
which  says,  «  That  it  shall  be  lawful  for  the  President  of  the  Uni- 
«  ted  States,  or  such  other  person  as  he  shall  have  empowered  for 
«  that  purpose,  to  employ  such  part  of  the  land  or  naval  force,  or  mi- 
<'litia  of  the  United  States,  or  of  the  territories  thereof  as  may  be 
« 'iud{^ed  necessarv,  in  conformity  with  the  provisions  of  this  and  the 
«  other  acts  respecting  the  embargo,  for  the  i^urpose  of  preventing 
**  the  illegal  departure  of  any  ship  or  vessel,  or  of  detaining,  taking 
"  possession  of,  and  keeping  in  custody  any  ship  or  vessel,  or  of  tak- 
<«  ing  into  cu^ody  and  guarding  any  specie  or  articles  of  domestic 
<'  gro\vth,produc2or  raanufacture,and  also  for  the  purpose  of  prevent- 
«  ing  and  suppressing  any  armed  or  riotous  assemblage  of  persons  re- 
•'  sisting  the  custom-house  ofTicers  in  the  execution  of  their  duties,  or 
«  in  any  manner  opposing  the  execution  of  the  laws  laying  an  em- 
"  bargo,  or  otherwise  violating,  or  assisting  and  abetting  violations  of 
«  the  same."   Here  we  see  the  military  called  on,  in  the  first  instance, 
to   execute  the  laws— taking  the  It  ad  under  a  military  chief;,  not 
following  in  the  tiv.in  and  under  the  direction  of  the  civil  magwtrate,as 
ought  invariably  to  be  the  case  in  a  well  regulated  free  government. 
Under  such  a  government,  the  laws   have  always  been  carefully 
guarded,   to  keep  the  miliiry  in  subordination  to  the  civil  power. 
Once  permit  the  military  to  get  the  upper  hand,  and  your  liberties 
are  gone.    By  this  bill  under  whose  direction  is  the  ttiilitary,  in  the 
bosom  of  a  state,  to  be  placed  ?  not  of  the  Chief  Magistrate  of  the 
state,  nor  of  any  officer  who  has  received  his  appointment  from  si 
sVate,  or  whose  appointment  has  been  made  with  the  advice  and  con- 
sent of  this  Senate  ;  but  of  a  pi?  son  who  is  to  receive  his  appoint- 
ment  from  the  President's  sole  authority.     That  no  such  power  as  is 
contained  in  the  provisions  of  this  bill,  is  necessary  for  the  purpose 
of  executing  the  laws,  or  quelling  insurrections,  is  manifest  trom 
■pa?t  experience.    Under  this  constitution  we  have  had  one  insurrec 
tion,and  also  a  powerful  combination  to  resist  the  execution  ofth§ 
laws.    What  was  the  conduct  then  I    Fortunately  for  our  country, 


I 


i 


:     i 


14 

•ur  then  Chief  Magistrate  was  both  a  soldier  and  a  statesman.     \ 
8tt.te«m8n   who  was  duly  sensible  of  the  importance  of  k^epin?  the 
military  m  subordination  to  the  civil  power.     In  the  Western  Insur- 
rection, a  considerable  military  force  was  cnlled  our,  to  the  amount 
of  thousands,  and  marched  against  the  Insurgents,  but  they    were 
preceded  by  the  Marshal  of  the  district,  the  Attorney  and  the  Jml-^! 
And  instead  of  military  extcuiioi.,  the  mild  process  of  the  civil  law 
vras  resorted  to  :  .nd  was  found  sufficient  to  bring  offenders  to  jus- 
^ce,  and  maintain  the  majesty  ol  the  laws      1  he  insurrection  ias 
quelled,  and  tranquill.ty  restored  to  our  coun.y.     The  combination 
under  tries  to  resist  the  execution  of  the  laws,  was  ahosupprensed 
by  a  resort  to  the  like  mild  but  efficient  measJres.     No  suS^^ 
w«s  then  made  that  it  ivas  necessary  that  more  of  the  military  should 
bejitroduced  into  our  civil  code. 

the  la  s  of  the  United  States,  and  the  State  laws  have  made  am- 
pie  provisions  for  calling  in  the  aid  of  the  n»i!itary,  when  necessary 
to  execute  the  laws.  By  the  act  of  February  28,  1795,  the  Presi- 
dent  IS  cloathed  wuh  ample  power  to  use  military  forc^  to  execute 

iv'r W  h'^'T^ '^'  u"''""'^  prerequisite  ofu  proclamatiou,  and 
by  the  ninth  section  of  th.  same  act,  the  Marshals  are  cloathed  with 
the  same  power  and  authority,  to  enable  them  to  execute  their  duty, 
as  is  given  to  the  Sheriffs  m  the  several  Stat.s.  And  that  this  is 
sufficient,  the  experience  of  every  state  evinces.  Why  this  attempt 
to  plaee  the  execution  of  the  laws,  in  the  first  instance,  in  the  hands 
of  the  military  ?  Why  this  innovation  on  our  ancient  usage?  I 
lear  it  bodes  no  good  to  our  country. 

Has  tb  :  embargo  w!  '  hfwas  professed  to  be  laid  for  the  bene- 
volen  purpose  of  «  preserving  our  vessels,  our  seamen  and  our  mer- 
chandize, become  so  unpopular,  so  odious,  that  it  cannot  be  execu- 
ted through  the  mild  nudium  of  Courts  of  Justice ;  but  that  the 
country  must  be  put  under  martial  law,  and  the  bayonet  of  tlie  soldier 
substituted  in  the  place  of  the  Tribunal  of  Justice  ?  If  so,  it  oughl 
to  be  repealed.     In  a  government  like  ours,   resting   wholly  on  the 

popular  voice,  no  law  ought  to  be  continued  that  will  require  a  mili. 
tary  execution.  ^ 

I  do  hope,  and  must  hope,  until  the  signature  of  the  President  to 
llM  1-f  ^  J»""»"c^d  to  the  Senate,  that  this  bill  will  never 
pass  the  different  brancr.es,  and  be  approved  bv  the  President.  The 
plea  that  it  is  nticessary  for  carrying  the  embargo  into  effect,  will  not 
justify  the  measure.     This  s«me  plea  of  necessity  has  always  been 

J!™  r  '/  'r'"^\  ^' ''  "^  '"^^'"  ^  '^^»  P-^i^«  run  high,^and  un. 

hlilfTl'V      '"',/'''' '""'"^"^  ^''  ^^'"P'*^^'  «"<^  precedents  esta. 
bli.hed,  that evtntually  overturn  the  libertivs  of  a  country. 

I  do  not  believe.   Sir,  that  the  citizens  of  the  United  States  are  vet 

prepared  to  surrender  their  liberties  at  the  shrine  of  ei.hcr  foreien  or 

domestic  tyranny  ;  though  it  should  be  recommended  by  the^most 

popular  of  their  favourites.     The  American  people  are  too  well  aC 

quamted  <vith  the  history  of  former  Republics  to  submit  °heir  necks 

to  the  yoke,  and  to  wear  the  chains  of  slavery,   however  guilded,  and 

though  mviled  to  wear  them  by  the  seductive  voice  of  ^^ 


15 


esman.     A. 

eeping  the 
tern  Insur- 
he  amount 
they  were 
the  Jutlje, 
e  civil  law 
lers  to  jus- 
ection  was 
ombinMtion 
iuppressed 
suggestion 
:ary  should, 

made  am- 
necessary 
the  Presi- 
0  execute 
latioii,  and 
ithcd  with 
their  duty, 
lat  this  is 
is  attempt 
the  hands 
Jsage 


? 


the  bene- 
':  our  mcr- 
be  exccu- 
t  that  the 
lie  soldier 
h  it  ought 
lly  on  the 
re  a  miiio 

!sident  to 
will  never 
nu  The 
,  will  not 
ays  been 
h  aiid  un«. 
enis  esta* 

s  are  yet 
oreign  or 
the  most 
well  ac- 
ir  necks 
Ided,  and 
tv  soirit. 


When  it  shall  he  discovered  (and  an  attempt  to  execute  this  act,  if 
un^ortu  V  I' ly  it  shovdd  i)4ss,  Mill  open  the  eyfs  of  ths  pe'>;:>lc)  and 
Ihuy  will  liscover,  thm  tijere  is  an  attack  oh  ci^ril  liberty,  th.-  pai'ty 
diss  ndons  which  now  distract  our  unhappy  countrv,  uvirl  are  the 
cautje  of  so  much  mischief,  'vill  disippi: '-r  ;  and  pnhlic  spirit,  not- 
withstandinsr  the  opi^ralion  of  political  sopi'rifics,  njust  beawikeuej., 
The  p'^ople,  comin;^  forth  in  th^^ir  might,  would  at  oucc  put  dow.i  the 
first  essay  towards  the  \yovs{o^  despotisms,  a  military  despniism. 

In  my  mind,  the  present  prospect  excites  the  inosi  se.  ions  ;.ppre- 
hensions.  A  storm  seems  to  be  gathering,  which  poriends  not  a 
iempest  on  the  ocean,  but  dornestick  convulsietis.-^Howtxet  p  .inful  the 
task,  a  sense  of  duty  calls  upon  me  to   raise  my  voioe,  and  use- :ny 

utmost     exertions    to     prev'.;nt     the     passing    of    this     bill 

I  feel  mysflf  bound  in  conscience  to  declare,  lest  the  blood  of  those 
who  may  fall  in  the  execuli'm  of  this  measure  should  be  on  my  he.d, 
that  I  do  consider  this  to  be  an  act  which  directs  a  mortr\l  blow  at  the 
liberties  of  my  country  ;  an  act  containing  unconstitutiu-nul  provi- 
sions, to  which  tbt'  people  are  not  bound  to  submit,  and  to  which  in 
my  opinion  they  will  not  stibmit) 


*  Sect.  68.  "  And  be  It  further  enacted,  That  every  collector ,  nava'  officer  and 
surveyor,  or  other  pel  son  specially  appointed  by  ether  of  them  for  that  I'urpose, 
shall  have  full  power  and  authority  to  enter  a>iy  ship  or  vesse'  in  which  they  shall 
have  reason  to  suspect  any  goods,  wares  or  march  ;ndize,  subject  lO  duty,  arc  con- 
«ealcd.  and  therein  to  search  for  seize  and  secure  any  such  goods,  wares  or  meichan- 
dire  ;  and  if  they  shail  have  cause  to  suspect  a  concealment  thereof  in  any  particu- 
lar  dwelling  house,  sore,  bu.lding,  or  other  place>  they  or  either  of  them  shall 
Uoon  proper  application  upon  oath,  to  any  justice  of  the  peace,  be  entitled  lo  a 
warrant  to  enter  such  house,  store,  or  other  place  (in  the  dav  time  only)  and  there 
to  search  for  such  goods;  and  if  a  7  shall  be  found,  to  seize  md  s»c,Ke  the  sam5 
for  trial  ;  and  all  such  goods,  wares  and  merchandize  on  which  the  duties  shall 
not  have  been  paid,  or  secured  to  be  i;aid,  shall  be  foifeit^i'd. 

Sec.  60.  Aivl  be  it  further  enacted,  That  a  I  goods,  w  .rcsor  merchandize,  which 
shall  be  seized  by  v  rtiie  of  this  act,  shall  be  put  mto  and  remain  in  the  custody  of 
the  colector.  or  sich  other  person  as  he  shall  appoint  f -r  that  purpose  until  such 
proceedings  sh  ill  '  e  hid  as  by  th  ^  act  are  requ.red,  to  ascert.in  whether  the  same 
havp  b-et)  torfeted  or  nor  ;  and  if  it  shal  be  a<!judged  th.it  they  ar«  not  forfe  ted, 
•hey  shall  be  resto-.ed  to  the  owner  or  ci,  n  claimant  O:  claimants  there- 
of; and  if  any  person  or  persons  .^hal  conceal  or  buy  any  goods,  wares  or  mer- 
chandize, knowing  il.em  to  be  li  .ble  to  seizure  by  this  act,  such  person  or  pcisous 
shall,  on  convxtioa  thereof,  forfeit  and  pay  a  sum  double  the  amount  or  value  Qb 
the  goods,  wares  or  merchandize  so  concealed  or  purchased. 

f  An  Act  to  authorise  the  President  of  the  United  States  to  lay,  regulate  and  re- 
voke Embargoes, 
Sec.  I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  Thit  the  Pies.dcnt  of  the  Un  ted  IStatcs 
lie,  andheherebv  is  authorized  and  empowered  whenever  in  his  o-iinion the  public 
safety  shall  require,  to  lay  an  embargo  on  all  sh'p-^  and  vessels  in  the  ports  of  the  U. 
States  or  upon  the  (li-ps  and  vefTe's  of  the  United  Slates,  or  the  (lups  and  venels  o£ 
and  foreign  nation,  under  fuch  regu'ations  is  the  circumftances  of  the  c-.fe  may  re- 
<juirt  and  to  continue  or  evoke  the  fme,  whenever  he  fliall  think  proper.  And 
tdic  Prefidcnt  is  hercliy'fully  authorized  to  give  all  i'ucb  orders  te  the  oflkcrs  of  tfte 


^"-3x,v:^7sr-Pws;*'« 


16 

United  Statra,  at  may  be  neceffarv  to  carrv  the  fiine  into  full  effect  :  Provided  the 
authoritv  .forcfiud  fhali  not  be  eypiofed  while  ihe  Congrcfs  of  the  United  ''latrs 
be  in  femon  :  And  any  emba  ^  which  ma>'  be  la  d  by  the  P  efident,  a»  aforefaid, 
Jhr.il  ce  fe  and  determine  in  fifteen  days  from  the  iictual  meeting  of  Conzrcf*.  next 
««fter  laying  the  fame.  o  a       . 

Sect.  z.  And  be  it  further  en  ;cted,  That  this  jcc  fhall  contiBue  ai  d  be  in  force 
until  fiitcen  day»  after  the  commencement  of  the  next  fcllion  of  Congrcfs,  and  no 
loader.  Approved,  June  4^  1794. 


-i35^35^35&r 


K  4     '■    1 


l^rinieibjt  J,Robmon,  ofice  (^ the  Federal  Republican,  Baltimoie. 


...f 


Provided  the 
1  United  ''latp* 
t,  a»  aforefaid, 
Congrcfs,  next 

Jid  be  ill  force 
ngrcfs,  and  do 


aUimoie. 


...f 


